[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Proposed Rules]
[Pages 63410-63429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24352]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2013-BT-TP-0004]
RIN 1904-AC94
Energy Conservation Program for Consumer Products: Test
Procedures for Direct Heating Equipment and Pool Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and public meeting.
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SUMMARY: The U.S. Department of Energy (DOE) proposes to revise its
test procedures for direct heating equipment and pool heaters
established under the Energy Policy and Conservation Act. This
rulemaking will fulfill DOE's statutory obligation to review its test
procedures for covered products at least once every seven years. For
direct heating equipment, the proposed amendments would add provisions
for testing vented home heating equipment that utilizes condensing
technology, and to incorporate by reference six industry test standards
to replace the outdated test standards which are referred to in the
existing DOE test procedure. These industry standards reflect the
current practice in test set-up and test conditions for testing direct
heating equipment. For pool heaters, the proposed amendments would
incorporate by reference ANSI/Air-conditioning, Heating, and
Refrigeration Institute (AHRI) Standard 1160-2009, ``Performance Rating
of Heat Pump Pool Heaters,'' and ANSI/American Society of Heating,
Refrigerating, and Air-conditioning Engineers (ASHRAE) Standard 146-
2011, ``Method of Testing and Rating Pool Heaters,'' to establish a
test method for electric pool heaters (including heat pump pool
heaters). The proposed amendments would also clarify the test
procedure's applicability to oil-fired pool heaters. DOE is also
announcing a public meeting to discuss and receive comments on issues
presented in this test procedure rulemaking.
DATES: Comments: DOE will accept comments, data, and information
regarding this notice of proposed rulemaking (NOPR) before and after
the public meeting, but no later than January 7, 2014. See section V,
``Public Participation,'' for details.
Meeting: DOE will hold a public meeting on Wednesday, December 4,
2013, from 9:00 a.m. to 4:00 p.m., in Washington, DC. The meeting will
also be broadcast as a webinar. See section V, ``Public
Participation,'' for webinar registration information, participant
instructions, and information about the capabilities available to
webinar participants.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW.,
Washington, DC 20585. To attend, please notify Ms. Brenda Edwards at
(202) 586-2945. For more information, refer to section V, ``Public
Participation,'' near the end of this notice of proposed rulemaking.
Interested persons are encouraged to submit comments using the
Federal eRulemaking Portal at www.regulations.gov. Alternatively,
interested persons may submit comments, identified by docket number
EERE-2013-BT-TP-0004 and/or RIN 1904-AC94, by any of the following
methods:
Email: DirectHeatingPoolHeaters2013TP0004@ee.doe.gov.
Include EERE-2013-BT-TP-0004 and/or RIN 1904-AC94 in the subject line
of the message. Submit electronic comments in WordPerfect, Microsoft
Word, PDF, or ASCII file format, and avoid the use of special
characters or any form of encryption.
[[Page 63411]]
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue SW., Washington, DC 20585-0121. If possible, please
submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., 6th
Floor, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this document
(Public Participation).
Docket: A link to the docket Web page can be found at: http://www.regulations.gov/# !docketDetail;D=EERE-2013-BT-TP-0004. This Web
page contains a link to the docket for this notice of proposed
rulemaking on the www.regulations.gov site. The www.regulations.gov Web
page contains simple instructions on how to access all documents,
including Federal Register notices, public meeting attendee lists and
transcripts, comments, and other supporting documents/materials in the
docket. See section V, ``Public Participation,'' for information on how
to submit comments through www.regulations.gov.
For information on how to submit a comment, review other public
comments and the docket, or participate in the public meeting, contact
Ms. Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 287-1692. Email:
John.Cymbalsky@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
For information on how to submit or review public comments, contact
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-2945. Email: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
A. Test Procedure for Direct Heating Equipment
1. Vented Home Heating Equipment Employing Condensing Technology
2. Updating of Industry Reference Standards
3. Other Issues
B. Test Procedure for Pool Heaters
1. Electric Pool Heaters
2. Other Issues
C. Compliance with Other EPCA Requirements
IV. Procedural Issues and Regulatory Review
A. Administrative Procedure Act
B. Review Under Executive Order 12866
C. Review Under the Regulatory Flexibility Act
D. Review Under the Paperwork Reduction Act of 1995
E. Review Under the National Environmental Policy Act of 1969
F. Review Under Executive Order 13132
G. Review Under Executive Order 12988
H. Review Under the Unfunded Mandates Reform Act of 1995
I. Review Under the Treasury and General Government
Appropriations Act, 1999
J. Review Under Executive Order 12630
K. Review Under Treasury and General Government Appropriations
Act, 2001
L. Review Under Executive Order 13211
M. Review Under Section 32 of the Federal Energy Administration
Act of 1974
V. Public Participation
A. Attendance at the Public Meeting
B. Procedure for Submitting Requests to Speak and Prepared
General Statements for Distribution
C. Conduct of Public Meeting
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (``EPCA'' or ``the Act''), Public Law 94-163 (codified at 42
U.S.C. 6291-6309) sets forth a variety of provisions designed to
improve energy efficiency and establishes the Energy Conservation
Program for Consumer Products Other Than Automobiles.\2\ These include
two covered products that are the subject of today's notice: direct
heating equipment and pool heaters. (42 U.S.C. 6292(a)(9) and (11))
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the American Energy Manufacturing Technical
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
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Under EPCA, this program generally consists of four parts: (1)
Testing; (2) labeling; (3) establishing Federal energy conservation
standards; and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that manufacturers of
covered products must use as the basis for making representations about
the efficiency of those products, including representations to DOE of
compliance with applicable energy conservation standards adopted
pursuant to EPCA. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) Similarly, DOE
must use these test requirements to determine whether the products
comply with any relevant standards promulgated under EPCA. (42 U.S.C.
6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
that DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides, in relevant part, that any test
procedures prescribed or amended under this section must be reasonably
designed to produce test results which measure energy efficiency,
energy use, or estimated annual operating cost of a covered product
during a representative average use cycle or period of use, and must
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine the extent to which the proposed test
procedure would alter the product's measured energy efficiency. (42
U.S.C. 6293(e)(1)) If DOE determines that the amended test procedure
would alter the measured energy efficiency of a covered product, DOE
must amend the applicable energy conservation standard accordingly. (42
U.S.C. 6293(e)(2))
Further, the Energy Independence and Security Act of 2007 (EISA
2007) amended EPCA to require that at least once every 7 years, DOE
must review test procedures for all covered products and either amend
test procedures (if the Secretary determines that amended test
procedures would more accurately or fully comply with the requirements
of 42 U.S.C. 6293(b)(3)) or publish notice in the Federal Register of
any determination not to amend a test procedure. (42 U.S.C.
6293(b)(1)(A)) Under this requirement, DOE must review the test
procedures for the
[[Page 63412]]
various types of direct heating equipment and pool heaters not later
than December 19, 2014 (i.e., 7 years after the enactment of EISA
2007). The final rule resulting from this rulemaking will satisfy this
requirement.
There are separate test procedures for the two types of direct
heating equipment (i.e., vented home heating equipment and unvented
home heating equipment), specifically 10 CFR 430.23(g) and 10 CFR part
430, subpart B, appendix G for unvented home heating equipment
(``unvented heater''); and 10 CFR 430.23(o) and 10 CFR part 430,
subpart B, appendix O for vented home heating equipment (``vented
heater''). The vented heater test procedures include provisions for
determining energy efficiency (annual fuel utilization efficiency
(AFUE)), as well as annual energy consumption. Unvented heaters are
broken into two groups: those used as the primary heating source for
the home and those not used for this purpose. There are no provisions
for calculating either the energy efficiency or annual energy
consumption of unvented heaters that are not used as the primary
heating source for the home. For unvented heaters that are used as the
primary heating source for the home, there is a calculation of annual
energy consumption based on a single assignment of active mode hours;
there is no provision for calculation of energy efficiency.
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. The test
procedures include provisions for determining two energy efficiency
descriptors (i.e., thermal efficiency and integrated thermal
efficiency), as well as annual energy consumption.
In addition to the test procedure review provision discussed above,
EISA 2007 also amended EPCA to require DOE to amend its test procedures
for all covered products to include measurement of standby mode and off
mode energy consumption. (42 U.S.C. 6295(gg)(2)(A)) DOE recently
completed a rulemaking to consider amending its test procedures for
direct heating equipment and pool heaters to include provisions for
measuring the standby mode and off mode energy consumption of those
products. DOE published a notice of proposed rulemaking (NOPR) in the
Federal Register on August 30, 2010, which proposes amendments to the
DOE test procedures for heating products to account for the standby
mode and off mode energy consumption of these products, as required
under EPCA.\3\ 75 FR 52892. DOE published a supplemental notice of
proposed rulemaking (SNOPR) in the Federal Register on September 13,
2011, which calls for the use of the second edition of International
Electrotechnical Commission (IEC) Standard 62301, ``Household
Electrical Appliances--Measurement of standby power,'' in lieu of the
first edition and also provides guidance on rounding and sampling. 76
FR 56347. DOE published a final rule adopting standby mode and off mode
provisions for heating products in the Federal Register on December 17,
2012. 77 FR 74559. That rulemaking was limited to test procedure
amendments to address standby mode and off mode requirements; it did
not address several other potential issues in DOE's existing test
procedures for the covered products. DOE addresses these non-standby/
off mode issues separately in today's NOPR.
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\3\ For more information, please visit DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/waterheaters.html.
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On October 12, 2011, DOE published in the Federal Register a
request for information (RFI) that identified and requested comment on
a number of issues regarding the test procedures for direct heating
equipment and pool heaters. 76 FR 63211.\4\ DOE accepted comments and
information on the October 2011 RFI until November 28, 2011 and
considered all feedback received when developing the proposals
contained in this notice of proposed rulemaking. Each of the issues
raised in the October 2011 RFI are discussed in detail in section III,
along with comments received on the issues and DOE's responses. In
addition, several topics not addressed in the October 2011 RFI, but
brought up by interested parties in their comments, are discussed in
section III of this NOPR.
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\4\ The October 2011 RFI also requested information on the need
to amend the test procedures for residential water heaters. However,
because the American Energy Manufacturing and Technical Corrections
Act amended EPCA to require that DOE develop a uniform efficiency
descriptor for residential and commercial water heaters (42 U.S.C.
6295(e)(5)), DOE is addressing test procedure updates for that
product in a separate rulemaking.
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II. Summary of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes to modify the current test procedures
for direct heating equipment and pool heaters. For direct heating
equipment, the proposed amendments would add provisions for testing
vented home heating equipment that utilizes condensing technology, and
update all references in the existing test procedure. For pool heaters,
the proposed amendments would incorporate by reference ANSI/Air-
conditioning, Heating, and Refrigeration Institute (AHRI) Standard
1160-2009, ``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/
American Society of Heating, Refrigerating, and Air-conditioning
Engineers (ASHRAE) Standard 146-2011, ``Method of Testing and Rating
Pool Heaters,'' to establish testing procedures for electric (including
heat pump) pool heaters. The proposed amendments for pool heaters would
also clarify the test procedure's applicability to gas-fired and oil-
fired pool heaters. The following paragraphs summarize these proposed
changes for both product types.
For direct heating equipment, DOE proposes in today's NOPR to
incorporate by reference the following six current industry standards
to replace the outdated standards referenced in the existing DOE test
procedure: (1) ANSI/ASHRAE 103-2007, ``Method of Test for Annual Fuel
Utilization Efficiency of Residential Central Furnaces and Boilers'';
(2) ANSI Z21.86-2008, ``Gas-Fired Space Heating Appliances''; (3) ASTM
D2156-09, ``Standard Test Method for Smoke Density in Flue Gases from
Burning Distillate Fuels''; (4) UL 729-2003, ``Standard for Safety for
Oil-Fired Floor Furnaces''; (5) UL 730-2003, ``Standard for Safety for
Oil-Fired Wall Furnaces''; and (6) UL 896-1993, ``Standard for Safety
for Oil-Burning Stoves.'' DOE also proposes to establish a test method
to determine the annual fuel utilization efficiency of vented home
heating products that use condensing technology. Lastly, DOE proposes
to reduce the test burden for floor furnaces by allowing a default
assigned value for jacket loss in lieu of testing.
For pool heaters, DOE clarifies in today's NOPR the applicability
of the test method for oil-fired products. DOE also proposes to adopt
new provisions for testing electric pool heaters, including heat pump
pool heaters. DOE proposes that electric pool heaters be tested in
accordance with ASHRAE Standard 146-2011, and that heat pump pool
heaters be tested using the test method prescribed in AHRI 1160-2009
with an accompanying conversion of the Coefficient of Performance
metric used in that standard to thermal efficiency as required by EPCA.
(42 U.S.C. 6291(22)(E))
In any rulemaking to amend a test procedure, DOE must determine to
what extent, if any, the proposed test procedure would alter the
measured energy efficiency of any covered product as determined under
the
[[Page 63413]]
existing test procedure. (42 U.S.C. 6293(e)(1)) If DOE determines that
the amended test procedure would alter the measured efficiency of a
covered product, DOE must amend the applicable energy conservation
standard accordingly. (42 U.S.C. 6293(e)(2)) For both direct heating
equipment and pool heaters, DOE has tentatively determined that the
proposed test procedure amendments would have a de minimis impact on
the products' measured efficiency. A full discussion of the rationale
for this tentative conclusion is provided in section III.C below.
III. Discussion
In response to the October 2011 RFI, DOE received eight written
comments related to two covered products, direct heating equipment
(DHE) and pool heaters, from the following interested parties: American
Council for an Energy-Efficient Economy (ACEEE), American Gas
Association (AGA), Air-Conditioning, Heating, and Refrigeration
Institute (AHRI), Empire Stove, Hearth & Home Technologies (HHT),
National Propane Gas Association (NPGA), Hearth, Patio & Barbecue
Association (HPBA), and Miles Industries Ltd. (Miles Industries). These
interested parties commented on a range of issues, including those DOE
identified in the October 2011 RFI, as well as several other pertinent
issues. The issues on which DOE received comment, DOE's responses to
those comments, and the proposed changes to the test procedures for
direct heating equipment and pool heaters resulting from those comments
are discussed in the subsections immediately below.
DOE notes that, because of a recent decision of the U.S. Court of
Appeals for the District of Columbia (DC Circuit), DOE is not
addressing the comments relating to the application of the test
procedure to vented hearth heaters. On February 8, 2013, the DC Circuit
issued a decision vacating the DOE definition of ``Vented hearth
heater'' at 10 CFR 430.2, and remanded the issue to DOE to interpret
the challenged provisions consistent with the court's opinion. Hearth,
Patio & Barbecue Association v. U.S. Department of Energy, 706 F.3d
499, 509 (D.C. Cir. 2013). DOE will address the comments received on
the October 2011 RFI regarding the application of the DHE test
procedures to vented hearth heaters in a separate rulemaking devoted to
those products.
A. Test Procedure for Direct Heating Equipment
In response to the October 2011 RFI, DOE received comments from
eight interested parties, all of which addressed the DOE test
procedures for direct heating equipment. (AGA, AHRI, Miles Industries,
HPBA, Empire Stove, HHT, ACEEE, and NPGA) Generally, the comments were
supportive of DOE's efforts to update, improve, and clarify its test
procedures for DHE. The comments focused on two key issues: (1)
Clarification of the test procedures as applied to vented hearth
heating products; and (2) the expansion of the test procedures to
accommodate DHE with condensing technology. Regarding the first issue,
as noted above, DOE will address comments related to vented hearth
heaters in a later rulemaking. Regarding the second issue, as part of
DOE's overall review of test procedures, these proposed DHE amendments
include a complete updating of references to industry standards used in
the DHE test procedures and modifications to the test procedures for
jacket loss measurement.
1. Vented Home Heating Equipment Employing Condensing Technology
DOE received comments on the October 2011 RFI that encouraged DOE
to develop and adopt new test procedure provisions to properly measure
the efficiency of gas-fired direct heating equipment designed to
operate using condensing technology. (Empire, No. 7 at p. 1; AHRI, No.
12 at p. 3; HPBA, No. 26 at p. 1)
Condensing technology is a design strategy that increases the
efficiency of a heating appliance by extracting additional thermal
energy from the flue gases, thereby reducing the flue gas temperatures
and air flow such that the water vapor created in the combustion
process becomes a liquid condensate. Normally, in non-condensing
systems, the water vapor created in the combustion process remains as a
vapor and is removed through the flue system along with the other
products of combustion. However, in condensing systems, the condensing
of the water vapor is a result of the reduction in the overall flue
energy loss of the flue gas (i.e., an energy efficiency improvement).
The test procedures for furnaces and boilers have provisions to account
for the increased efficiency of models that utilize condensing
technology. However, no such provisions are included in the existing
test procedures for vented heaters.
Today's proposed amendments would account for the increased
efficiency of vented direct heating equipment utilizing condensing
technology. The proposed amendments are similar to those found in DOE's
furnace and boiler test procedures (10 CFR Part 430, Subpart B,
Appendix N), with differences and clarifications appropriate for the
vented direct heating equipment product type. More specifically, the
additional provisions proposed for vented heaters are essentially the
same as those contained in the latest version of the ANSI/ASHRAE
Standard 103-2007, ``Method of Testing for Annual Fuel Utilization
Efficiency of Residential Central Furnaces and Boilers.'' DOE is
proposing that ANSI/ASHRAE 103-2007 be incorporated by reference into
these test procedures by this NOPR for purposes of certain other AFUE
test provisions. However, because of the numerous clarifications and
modifications needed to apply the condensing technology provisions of
the industry standard for furnaces and boilers to vented heaters, DOE
proposes incorporating the condensing procedures as stand-alone
amendments to DOE's vented heater test procedure, rather than
incorporating by reference select provisions of ANSI/ASHRAE Standard
103-2007.
Basically, the proposed amendments for vented heaters with
condensing technology would utilize a condensate collection methodology
that requires a separate test to be run to quantify directly the extent
of the efficiency credit appropriate for a given vented heater's
particular design of condensing technology. This methodology requires
direct collection of liquid condensate. For vented heaters employing
condensing technology that are not designed to collect and dispose of
liquid condensate, the amendments clarify that such means must be
provided during testing. The duration of the condensate collection test
time would be 30 minutes for steady-state testing and 1-2 hours for
cyclic testing.
DOE is interested in receiving comment on the adequacy of the
proposed provisions for determining the efficiency improvement
associated with vented heaters that utilize condensing technology. DOE
is also interested in any further clarifications or modifications that
might be necessary. This is identified as issue 1 in section V.E,
``Issues on Which DOE Seeks Comment.''
2. Updating of Industry Reference Standards
The October 2011 RFI sought comment on other relevant issues that
would affect the test procedures for direct heating equipment (both
vented type and unvented type). 76 FR 63211, 63215 (Oct. 12, 2011).
Interested parties were encouraged to provide comments on any aspect of
the test procedure, including updates to referenced
[[Page 63414]]
standards, as part of this comprehensive 7-year-review rulemaking.
AGA commented that the existing test procedure for direct heating
equipment cites installation requirements from ANSI standards for
vented wall furnaces and vented floor furnaces but does not reference
the applicable ANSI standard for vented room heaters. (AGA, No. 13 at
pp. 2-3) Accordingly, AGA recommended that DOE revise section 2.1.3 of
the DOE test procedure in order to provide complete installation
requirements for testing of vented room heaters based on the applicable
ANSI design certification standards, which AGA identified as ANSI
Z21.11, ``Gas Fired Room Heaters.''
In addition to addressing this referencing concern pointed out by
AGA, DOE is taking this opportunity to fully review all the referenced
standards in the DHE test procedure as part of this 7-year review
process. The following is a list of the shorthand titles and full
titles of all the referenced standards currently used and proposed for
use in the DHE test procedure.
Standards Currently Used in Existing Test Procedures for DHE:
``ANSI Standard Z21.11.1-1974'' means the American National
Standard for Gas-Fired Room Heaters.
``ANSI Standard Z21.44-1973'' means the American National Standard
for Gas-Fired Gravity and Fan Type Direct Vent Wall Furnaces.
``ANSI Standard Z21.48-1976'' means the American National Standard
for Gas-Fired Gravity and Fan Type Floor Furnaces.
``ANSI Standard Z21.49-1975'' means the American National Standard
for Gas-Fired Gravity and Fan Type Vented Wall Furnaces.
``ANSI Standard Z91.1-1972'' means the American National Standard
for Performance Standards for Oil-Powered Central Furnaces.
``ANSI Standard Z11.182-1965 (R1971) (ASTM D 2156-65 (1970))''
means the standard published by the American Society of Testing and
Materials titled, ``Standard Test Method for Smoke Density in Flue
Gases from Burning Distillate Fuels.''
``UL 729-1976'' means the Underwriters Laboratories standard for
Oil-Fired Floor Furnaces.
``UL 730-1974'' means the Underwriters Laboratories standard for
Oil-Fired Wall Furnaces.
``UL 896-1973'' means the Underwriters Laboratories standard for
Oil-Burning Stoves.
Standards Proposed for Use in the Test Procedures for DHE:
``ANSI/ASHRAE 103-2007'' means the test standard published by the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers titled, ``Method of Test for Annual Fuel Utilization
Efficiency of Residential Central Furnaces and Boilers.''
``ANSI Z21.86-2008'' means the standard published by the American
National Standards Institute titled, ``Vented Gas-Fired Space Heating
Appliances.''
``ASTM D2156-09'' means the standard published by the American
Society of Testing and Materials titled, ``Standard Test Method for
Smoke Density in Flue Gases from Burning Distillate Fuels.''
``UL 729-2003'' means the test standard published by the
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Floor Furnaces.''
``UL 730-2003'' means the test standard published by the
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Fired Wall Furnaces.''
``UL 896-1993'' means the test standard published by the
Underwriters Laboratory, Inc. titled, ``Standard for Safety for Oil-
Burning Stoves.''
As a result of the full review, DOE proposes a number of changes.
In most cases, the proposed changes reflect the updating of the
specific references to the most current version. This updating allows
for new users of the test procedures to execute the DOE test procedures
without depending on outdated standards which may be difficult to
obtain. In some cases, the updated reference bundles several of the
current references under a new title. This is the case where the
current separate ANSI standards for wall furnaces, floor furnaces, and
room heaters have been combined into a single standard for these three
types of vented heaters. This new standard is titled, ``Vented Gas-
Fired Space Heating Appliances'' referred to as ``ANSI Z21.86-2008'' in
the proposed amendments. ANSI Z21.86-2008 is proposed for purposes of
specifying the testing procedures related to circulation air, section
2.5, and location of temperature measuring instrumentation, section
2.6.1. In addition, DOE is proposing to use ANSI Z21.86-2008 to specify
the installation instructions for direct vent (section 6.1.3 and figure
6) and non-direct vent (section 8.1.3 and figure 7 or figure 10) wall
furnaces. However, since ANSI Z21.86-2008 does not include installation
specifications for vented room heaters and vented floor furnaces, the
installation specifications of the corresponding UL standard for that
product type would be used. Although the UL standards typically are
used for oil-fired equipment and the ANSI standards typically are used
for gas-fired equipment, in the existing DOE test procedure, where
there is no distinction between installation provisions, the UL
standards are cited in application to both gas and oil vented heaters
(i.e., section 2.1.2). As there are no installation specifications
available in ANSI Z21.86-2008 for vented room heaters and vented floor
furnaces, DOE tentatively proposes to follow this approach and use the
corresponding UL standards for installation provisions.
Finally, in three places (sections 2.3 Fuel supply, 2.4 Burner
adjustments, and 3.2 Jacket loss), DOE proposes to use a new reference
thought to be more appropriate for these test procedures. Specifically,
ANSI/ASHRAE Standard 103-2007, ``Method of Testing for Annual Fuel
Utilization Efficiency of Residential Furnaces and Boilers,'' is
proposed for use in lieu of three older standards referenced in these
three sections of the existing DOE test procedure. DOE believes this
migration to ANSI/ASHRAE Standard 103 is appropriate because it is
essentially the same test method used in the current DHE test procedure
(i.e., the AFUE test method) and incorporates the latest industry
consensus on such testing without the need to depend on other
references. DOE tentatively concludes that these changes and updates
would neither result in any material differences in test results nor
increase the test procedure burden.
DOE proposes to list all of the referenced industry standards in 10
CFR 430.3, Materials incorporated by reference. As explained above, DOE
tentatively concludes that these incorporation by reference changes and
updates would neither result in any material differences in the test
results nor increase test procedure burden. DOE solicits comment on
this tentative conclusion, as well as the adequacy of the proposed
updating of referenced standards. DOE is also interested in any further
clarification or modifications that may be necessary. This is
identified as issue 2 in section V.E, ``Issues on Which DOE Seeks
Comment.''
3. Other Issues
As part of its review of the existing test procedures, DOE
identified three additional test procedure issues that it believes
should be addressed in this rulemaking: (1) The jacket loss test for
floor furnaces; (2) testing of manually controlled vented heaters; and
(3) clarification of section 3.3 tracer gas procedures as applied to
vented heaters without thermal stack dampers.
[[Page 63415]]
First, DOE noticed that the jacket loss measurement test, which is
required for all vented floor furnaces by section 3.2 of the existing
DOE test procedure, is inconsistent as compared to the similar
procedures required for outdoor-installed (weatherized) furnaces and
boilers. The current jacket loss test for DHE uses the procedures from
outdated ANSI Standard Z21.48-1975. (As mentioned above in the
discussion about updating references, the newly proposed industry
reference for jacket loss testing is ANSI/ASHRAE Standard 103-2007).
The jacket loss test in ANSI Standard Z21.48-1975, as well as the
essentially identical provisions of ANSI/ASHRAE Standard 103-2007,
represent a considerable test burden. In view of this burden, the DOE
test procedures for furnaces and boilers, through the referencing of
ANSI/ASHRAE Standard 103-1993, allow for an assignment of jacket loss
in lieu of testing. The assigned jacket loss value of 1 percent for
furnaces and boilers is thought to be a reasonably conservative value
(i.e., one that typically would be higher than the tested value). This
allows for the manufacturer to weigh the burden of jacket loss testing
against the likely conservative rating associated with a default value.
This conservative default value approach is used throughout the DOE
test procedures where appropriate (e.g., cyclic degradation coefficient
assignment for central air conditioners, jacket loss assignment for
furnaces and boilers). In consideration of the test burden associated
with the jacket loss test and the desire for consistency across the
test procedures, DOE has tentatively concluded that manufacturers
should be allowed the choice either to conduct actual jacket loss
testing or to accept a reasonably conservative default value under the
DHE test procedure. Accordingly, DOE is proposing that section 3.2,
Jacket loss measurement, be amended to include the option of assigning
the value of one percent for the jacket loss in lieu of testing.
DOE solicits comment on adding this allowance and the
appropriateness of the assigned value of 1 percent. This is identified
as issue 3 in section V.E, ``Issues on Which DOE Seeks Comment.''
A second issue that was identified during DOE's review is the lack
of an equation in the calculation procedures for manually controlled
vented heaters. Specifically, section 4.2.4 Weighted-average steady-
state efficiency, does not have a defining equation, so DOE is
proposing an amendment to remedy this oversight, a matter of particular
importance in terms of capturing latent heat loss.
The final issue identified in DOE's review was the need to clarify
the application of the tracer gas procedures in section 3.3 for units
not employing a thermal stack damper. To explain, it is noted that
section 3.3 and 4.3 outlines a testing and calculation procedure that
must be used to evaluate the efficiency of vented heaters employing a
thermal stack damper. In the calculation section 4.3 it is noted that
all vented heaters may use this procedure as an option. Although this
option is clearly stated in the calculation section and no modification
to the calculations are necessary, some clarification is felt necessary
in the actual testing provisions of section 3.3 to accommodate vented
heaters not employing thermal stack dampers. For example the location
of tracer gas introduction is not fully explained in the existing
procedures for vented heaters not employing a thermal stack damper.
Finally, DOE proposes to correct typographical errors regarding the
equation in section 4.3.6 of appendix O. Specifically, DOE is proposing
to add a missing minus (``-'') sign and replace a plus (``+'') sign
with a multiplication symbol (``x''). These errors are obviously
typographical in nature because similar efficiency equations in other
parts of the test procedures, as well as those used in industry
standards, do not include these errors. The relevant industry groups
have determined the correct format of this equation since its adoption
and have been utilizing the correct format when testing and rating
product efficiency. DOE is interested in receiving comment on any other
corrections that might be needed in this review of the DHE test
procedures.
B. Test Procedure for Pool Heaters
1. Electric Pool Heaters
DOE's test procedures for pool heaters are found at 10 CFR
430.23(p) and 10 CFR part 430, subpart B, appendix P. In its definition
of ``efficiency descriptor,'' EPCA specifies that for pool heaters, the
efficiency descriptor shall be ``thermal efficiency.'' (42 U.S.C.
6291(22)(E)) Further, EPCA defines the ``thermal efficiency of pool
heaters'' as the ``measure of the heat in the water delivered at the
heater outlet divided by the heat input of the pool heater as measured
under test conditions specified in section 2.8.1 of the American
National Standard for Gas Fired Pool Heaters, Z21.56-1986, or as may be
prescribed by the Secretary.'' \5\ (42 U.S.C. 6291(26)) Current energy
conservation standards for pool heaters do not account for standby mode
and off mode energy use.
---------------------------------------------------------------------------
\5\ In an August 2010 NOPR, DOE proposed to use the most recent
version of this standard, ANZI Z21.56-2006. 75 FR 52892, 52899-901
(August 30, 2010).
---------------------------------------------------------------------------
As part of a recent test procedure rulemaking, DOE prescribed a new
efficiency metric for pool heaters, titled ``integrated thermal
efficiency.'' 77 FR 74559 (Dec. 17, 2012).\6\ This prescribed
integrated thermal efficiency metric builds on the existing thermal
efficiency metric to include electrical energy consumption during
standby mode and off mode operation, as required by EISA 2007. (42 U.S
C. 6295(gg)(2)(A)) The amended test procedure was effective 30 days
after publication of the final rule. Until such time as compliance is
required with amended energy conservation standards that account for
standby mode and off mode energy consumption, manufacturers must
continue using the thermal efficiency metric for certification and
compliance purposes. However, if manufacturers choose to make written
statements regarding standby mode and off mode energy efficiency, those
representations must be based on the amended test procedure as of June
17, 2013, 180 days after the date of publication of the test procedure
final rule.
Because certain types of pool heaters are powered by energy sources
other than gas, DOE requested comments in the October 2011 RFI
regarding the appropriateness of the currently incorporated ANSI Z21.56
test method, titled ``Gas-Fired Pool Heaters,'' for testing pool
heaters that operate with electricity (including heat pump pool
heaters) or oil. 76 FR 63211, 63215-16 (Oct. 12, 2011). In the October
2011 RFI, DOE tentatively concluded that the test procedure for pool
heaters at 10 CFR part 430, subpart B, appendix P already contains
provisions to allow the ANSI Z21.56 test method to be applied to oil-
fired pool heaters, and, therefore, no further action is necessary for
those products. DOE received no comments that were contrary to this
conclusion.
In a December 2009 NOPR for energy conservation standards for
heating products, DOE concluded that, as currently drafted, the DOE
test procedure for pool heaters is not suitable for measuring energy
efficiency for electric pool heaters (including heat pump pool
heaters). 74 FR 65852, 65866-67 (Dec. 11, 2009). In the October 2011
RFI, DOE noted that for electric pool heaters (including those units
[[Page 63416]]
using heat pump technology), the fuel source is electricity (measured
in watts) instead of gas (measured in Btu/h), but ``thermal
efficiency,'' as required under EPCA and determined using ANSI Z21.56,
is a measure of heat delivered to the water at the heater outlet (in
Btu/h) divided by the heat input (in Btu/h) of the fuel. 76 FR 63211,
63215-16 (Oct. 12, 2011). It is technically feasible to develop an
integrated thermal efficiency rating for a heat pump pool heater by
converting the power input in watts to the input in Btu/h (which can be
done for both the power used during active mode and during standby mode
and off mode). However, if such an integrated thermal efficiency metric
were applied to heat pump pool heaters, DOE noted that the numerical
result would be efficiency ratings of over 100 percent, which may
necessitate some reeducation among consumers because heat pumps are
typically rated using industry standards for Coefficient of Performance
(COP). In contrast, electric pool heaters that operate with resistance
heating (as opposed to heat pump technology), are typically rated with
a thermal efficiency metric. Consequently, DOE noted in the October
2011 RFI that the ratings for electric pool heaters using these two
competing technologies are not always directly comparable. Id. at
63215. Another consideration for heat pump pool heaters is that
performance depends upon the ambient temperature and humidity, so
environmental conditions for testing are much more important for heat
pump pool heaters than for gas-fired pool heaters.
Because of these factors, DOE's October 2011 RFI requested comment
on the potential to update the pool heater test procedures by adding
provisions to address electric heat pump pool heaters through use of a
COP metric drawn from industry standards, coupled with a separate
conversion to thermal efficiency (i.e., the regulating metric specified
in EPCA) and integrated thermal efficiency (i.e., the new regulating
metric incorporating standby mode and off mode energy consumption as
required by EISA 2007). Id. at 63216.
On this topic, DOE received comments from AHRI and ACEEE that
supported the expansion of the test method to include electric pool
heaters. AHRI further commented that DOE should not integrate the
standby mode and off mode energy consumption into an integrated thermal
efficiency metric. (AHRI, No. 12 at p. 3; ACEEE, No. 24 at p. 4)
After carefully considering these public comments, DOE is proposing
to add test methods that are applicable to heat pump pool heaters and
electric resistance pool heaters. DOE proposes to amend its pool heater
test procedure by adding a proposed test method for heat pump pool
heaters that would reference ANSI/AHRI Standard 1160-2009,
``Performance Rating of Heat Pump Pool Heaters,'' and ANSI/ASHRAE
Standard 146-2011, ``Method of Testing and Rating Pool Heaters.''
Additionally, DOE proposes to amend its pool heater test procedure by
adding a proposed test method for electric resistance pool heaters that
references ANSI/ASHRAE Standard 146-2011, ``Method of Testing and
Rating Pool Heaters.'' DOE has tentatively concluded that incorporation
of these industry test standards is appropriate, because they represent
current best practices for these pool heater products.
Because the statute requires use of an integrated metric where
technically feasible (as is the case here), DOE proposes to maintain
the integrated thermal efficiency metric in the test procedure, as set
forth in the final rule published on December 17, 2012. 77 FR 74559.
Once DOE arrives at the thermal efficiency value for electric pool
heaters, that value will feed into the integrated thermal efficiency
calculation, which is applicable for all types of pool heaters.
Although DOE may prescribe amended test procedures in the final
rule, manufacturers are not required to certify compliance for electric
heat pump and electric resistance pool heaters until such time as DOE
sets minimum energy conservation standards for those products (which
will include energy consumption in active, standby, and off modes).
Prior to DOE setting minimum energy conservation standards for electric
heat pump and electric resistance pool heaters, any representations as
to the energy efficiency or energy use of those products must be based
on the amended test procedure within 180 days after the effective date
of the test procedure final rule. Manufacturers of heat pump pool
heaters would be able to use the COP metric, the integrated thermal
efficiency metric, or both for making efficiency representations until
an energy conservation standard is set.
EPCA requires the use of the integrated thermal efficiency metric
for all pool heaters, including electric resistance and heat pump pool
heaters, upon the compliance date for new energy conservation
standards. Therefore, if DOE were to set energy conservation standards
for heat pump pool heaters and electric resistance pool heaters,
manufacturers would then be required to rate their products using the
integrated thermal efficiency metric, although manufacturers of heat
pump pool heaters would still have the option of making supplemental
representations of efficiency using the COP metric. DOE is proposing to
include an approach to determine the integrated thermal efficiency
based on a COP value for heat pump pool heaters.
2. Other Issues
In addition to the changes for electric pool heaters described in
the previous section, DOE is also clarifying that the DOE test
procedure is applicable to oil-fired pool heaters, despite the
incorporation of a test method titled ``Gas-Fired Pool Heaters.''
Section 4.1.1 of that test method contains a provision to compute the
energy used when oil is the fuel, as opposed to natural gas.
DOE also seeks comments on other relevant issues that would affect
the test procedures for pool heaters. Although DOE has attempted to
identify those portions of the test procedure where it believes
amendments may be warranted, interested parties are welcome to provide
comments on any aspect of the test procedure as part of this
comprehensive 7-year-review rulemaking.
C. Compliance With Other EPCA Requirements
As mentioned in the summary at section II above, in amending a test
procedure, EPCA directs DOE to determine to what extent, if any, the
test procedure would alter the measured energy efficiency or measured
energy use of a covered product. (42 U.S.C. 6293(e)(1)) If the amended
test procedure alters the measured energy efficiency or measured energy
use, the Secretary must amend the applicable energy conservation
standard accordingly. (42 U.S.C. 6293(e)(2)) The current energy
conservation standards for direct heating equipment and pool heaters
are based on existing test procedure efficiency metrics--AFUE and
thermal efficiency (Et), respectively.
The proposed test procedure amendments for DHE generally do not
contain changes that would materially alter the measured energy
efficiency of equipment. Rather, most of the proposed changes represent
clarifications that would improve the uniform application of the test
procedures for certain product types. Any change in the reported
efficiency that might be associated with these clarifications is
tentatively expected to be de minimis.
Consistent with 42 U.S.C. 6293(c), any representations of energy
consumption of vented heaters must be based on any final amended test
procedures 180 days
[[Page 63417]]
after the publication of the test procedure final rule. Until that
time, manufacturers may make such representations based either on the
final amended test procedures or on the previous test procedures, set
forth at 10 CFR part 430, subpart B, appendix O as contained in the 10
CFR parts 200 to 499 edition revised as of January 1, 2013. Consistent
with 42 U.S.C. 6291 (8), representations of energy consumption means
measures of energy use (including for this product, active mode,
standby mode, and off mode energy use), annual operating cost, energy
efficiency (including for this product, Annual Fuel Utilization
Efficiency (AFUE)), or other measure of energy consumption. DOE notes
that manufacturers must use the same test procedure for both
representations of energy efficiency and certifications of compliance.
Today's proposal does not include any changes to the current
standby mode and off mode testing procedures and calculations as
established in the December 2012 final rule. 77 FR 74559 (Dec. 17,
2012). Although fossil fuel standby mode and off mode energy
consumption were already captured in the existing AFUE metric, the
December 2012 final rule required manufacturers to use the new test
procedures for determining electrical standby mode and off mode energy
consumption in Appendix O beginning on June 17, 2013. Certifications of
compliance with the electrical standby mode and off mode energy
consumption standards are not required until the compliance date of DOE
standards that include electrical standby mode and off mode energy
consumption.
The proposed test procedure amendments for pool heaters would not
alter the measured efficiency of equipment covered by the existing test
procedure. However, it would provide a new method of test for electric
resistance and heat pump pool heaters, which are not currently subject
to energy conservation standards by DOE. Therefore, DOE has tentatively
concluded that there is no need to address the impact of these
amendments on current energy conservation standards for pool heaters.
Consistent with 42 U.S.C. 6293(c), any representations of energy
consumption of pool heaters must be based on any final amended
procedures and calculations in appendix P starting 180 days after the
publication of any final amended test procedures. Until that time,
manufacturers of gas-fired and oil-fired pool heaters may make such
representations based either on the final amended test procedures or on
the previous test procedures, set forth at 10 CFR part 430, subpart B,
appendix P as contained in the 10 CFR parts 200 to 499 edition revised
as of January 1, 2013. Consistent with 42 U.S.C. 6291 (8),
representations of energy consumption means measures of energy use
(including for this product, active mode, standby mode, and off mode
energy use), annual operating cost, energy efficiency (including for
this product, thermal efficiency (Et), or integrated thermal
efficiency (TEI)), or other measure of energy consumption.
Again, DOE notes that manufacturers must use the same test procedure
for both representations of energy efficiency and certifications of
compliance.
There are currently no energy conservation standards for electric
resistance pool heaters, heat pump pool heaters, or oil-fired pool
heaters. Upon the compliance date of any final energy conservation
standards for these types of pool heaters, use of any final test
procedures in appendix P will be required to demonstrate compliance.
There are also currently no energy conservation standards for the
standby mode and off mode energy use of gas-fired pool heaters. Upon
the compliance date of any energy conservation standards that
incorporate standby mode and off mode energy consumption for gas-fired
pool heaters (i.e., for this product, a standard expressed as
integrated thermal efficiency (TEI)), use of any final test
procedures in appendix P will be required to demonstrate compliance.
IV. Procedural Issues and Regulatory Review
A. Administrative Procedure Act
DOE expects that any final rule in this proceeding would be
effective 30 days after the date of publication of that final rule.
B. Review Under Executive Order 12866
The Office of Management and Budget has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, ``Regulatory
Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). Accordingly, this
regulatory action was not subject to review under the Executive Order
by the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB).
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of an initial regulatory flexibility analysis
(IFRA) for any rule that by law must be proposed for public comment and
a final regulatory flexibility analysis (FRFA) for any such rule that
an agency adopts as a final rule, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. A regulatory flexibility analysis
examines the impact of the rule on small entities and considers
alternative ways of reducing negative effects. Also, as required by
Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site at: www.gc.doe.gov/gc/office-general-counsel.
Today's proposed rule would prescribe test procedure amendments
that would be used to determine compliance with energy conservation
standards for direct heating equipment and pool heaters. For direct
heating equipment, the proposed amendments would add provisions for
testing vented home heating equipment that utilizes condensing
technology, and incorporate by reference the most appropriate or recent
versions of several industry standards referenced in the DOE test
procedure for the purposes of test set-up and installation
specifications. For pool heaters, the proposed amendments would
incorporate by reference ANSI/AHRI Standard 1160-2009 and ANSI/ASHRAE
Standard 146-2011 to establish testing procedures for electric
(including heat pump) pool heaters. The proposed amendments for pool
heaters would also clarify the test procedure's applicability to oil-
fired pool heaters. DOE reviewed today's proposed rule under the
provisions of the Regulatory Flexibility Act and the policies and
procedures published on February 19, 2003. 68 FR 7990.
1. Reasons for, Objectives of, and Legal Basis for the Proposed Rule
The reasons for, objectives of, and legal basis for the proposed
rule are stated elsewhere in the preamble and are not repeated here.
2. Description and Estimated Number of Small Entities Regulated
For the manufacturers of the covered products, the Small Business
[[Page 63418]]
Administration (SBA) has set a size threshold, which defines those
entities classified as ``small businesses'' for the purposes of the
statute. DOE used the SBA's small business size standards to determine
whether any small entities would be subject to the requirements of the
rule. 65 FR 30836, 30848-49 (May 15, 2000), as amended at 65 FR 53533,
53544-45 (Sept. 5, 2000) and codified at 13 CFR part 121. The size
standards are listed by North American Industry Classification System
(NAICS) code and industry description and are available at http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. DHE and pool heater manufacturing are classified under
NAICS 333414--``Heating Equipment (except Warm Air Furnaces)
Manufacturing.'' The SBA sets a threshold of 500 employees or less for
an entity to be considered as a small business for both of these
categories.\7\
---------------------------------------------------------------------------
\7\ In the December 2009 NOPR, DOE mistakenly listed gas-fired
pool heater manufacturing under NAICS code 335228. 74 FR 65852,
65984 (Dec. 11, 2009). The correct classification for pool heater
manufacturing is NAICS 333414. Both NAICS categories have the same
500 employee limit.
---------------------------------------------------------------------------
To estimate the number of companies that could be small business
manufacturers of products covered by this rulemaking, DOE conducted a
market survey using available public information to identify potential
small manufacturers. DOE's research involved reviewing several industry
trade association membership directories (e.g., AHRI \8\), product
databases (e.g., AHRI \9\ and CEC \10\ databases), individual company
Web sites, and marketing research tools (e.g., Hoovers \11\ reports) to
create a list of all domestic small business manufacturers of heating
products covered by this rulemaking. DOE has identified 2 manufacturers
of vented DHE and 5 manufacturers of pool heaters (including heat pump
pool heater manufacturers) that can be considered small businesses. DOE
did not count manufacturers of vented hearth heaters because, as noted
previously, the definition of ``vented hearth heater'' was remanded to
DOE for further consideration by the D.C. Circuit Court. DOE plans to
conduct a separate rulemaking that would clarify the standards and test
procedures for vented hearth products, and as a result, DOE will assess
impacts on small business vented hearth product manufacturers as part
of that proceeding.
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\8\ See: http://www.ahrinet.org/ahri+members.aspx.
\9\ See: http://www.ahridirectory.org/ahriDirectory/pages/home.aspx.
\10\ See: http://www.appliances.energy.ca.gov/.
\11\ See: http://www.hoovers.com/.
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3. Description and Estimate of Compliance Requirements
For direct heating equipment, the proposed amendments would
incorporate by reference the most recent version of various industry
standards already referenced in the DHE test procedures for the
purposes of specifying the test set-up provisions. In addition, the
proposed test procedure would include provisions for determining the
AFUE of products that use condensing technology. The updates to the
most recent versions of the various industry standards would result in
no material change to DOE's test procedure for direct heating
equipment. The additional provisions for measuring energy efficiency of
products with condensing technology may add a modest cost to testing
for manufacturers of such products. The test could be conducted in the
same test facility, but some additional testing and calculation would
be required to determine AFUE. Specifically, the proposed provisions
would require a condensate collection test to be conducted on vented
heaters utilizing condensing technologies. The duration of the
condensate collection test time would be 30 minutes for steady-state
testing and 1-2 hours for cyclic testing. In some cases only steady-
state testing would be required (i.e., all manually-controlled vented
heaters and those vented heaters not utilizing the optional tracer gas
procedures). Vented heaters tested utilizing the optional tracer gas
procedures would be required to conduct both steady-state and cyclic
condensate collection procedures. Therefore, DOE estimates that the
additional testing for condensing units would add, in the worst case, 3
hours to the overall length of time it takes to conduct the AFUE test,
as compared to DHE not utilizing condensing technology. At a rate of
$30 an hour for a test lab technician, DOE estimates that the added
cost will be $90 per test unit, which is modest in comparison to the
overall cost of product development and certification.
For pool heaters, the proposed updates to the test procedure would
add provisions to determine the energy efficiency of electric pool
heaters, including heat pump pool heaters, and would incorporate by
reference ANSI/AHRI 1160-2009 and ANSI/ASHRAE 146-2011. These products
are not currently regulated by DOE, but DOE's research showed that all
domestic small business manufacturers of heat pump pool heaters that
were identified already rate COP and capacity according to the rating
conditions in ANSI/AHRI 1160 and typically at an additional rating
point outside of the ANSI/AHRI 1160 test conditions. In addition, DOE
notes that ASHRAE Standard 90.1-2010 contains efficiency levels for
heat pump pool heaters and specifies ANSI/AHRI 1160-2009 as the test
method. Several States (e.g., Florida, California) also have minimum
efficiency requirements for heat pump pool heaters, which is another
factor that may drive manufacturers to rate their products for
efficiency. Because manufacturers of heat pump pool heaters are already
rating their products using AHRI 1160-2009 due to the ASHRAE Standard
90.1-2010 requirements and State efficiency requirements, DOE does not
believe there will be much, if any, additional burden from today's
proposal for including a heat pump pool heater test method that
references the industry standard. For electric resistance pool heaters,
the proposed test method in ANSI/ASHRAE 146-2011 is comparable to that
for gas-fired and oil-fired pool heaters in the existing test method.
For these manufacturers to make any representation regarding the
efficiency of their products, they must have been using a similar test,
so it is not expected that the current proposal would add to the burden
of manufacturers of electric resistance pool heaters. DOE requests
comment on these tentative conclusions and on the potential impacts of
this proposed rule on small business manufacturers of pool heaters,
particularly of heat pump pool heaters and electric resistance pool
heaters. This is identified as issue 5 in section V.E, ``Issues on
Which DOE Seeks Comment.''
4. Duplication, Overlap, and Conflict With Other Rules and Regulations
DOE is not aware of any rules or regulations that duplicate,
overlap, or conflict with the rule being proposed today.
5. Significant Alternatives to the Rule
As noted earlier in the preamble, the proposed rule is largely
based upon the industry testing procedures already in place for direct
heating equipment and pool heaters. DOE believes the proposed
amendments would be useful for both consumers and industry, and are
consistent with the Department's goals and statutory requirements,
while also minimizing the economic burden on manufacturers. DOE seeks
comment and information on the need, if any, for alternative test
methods that, consistent with the statutory requirements, would reduce
the economic impact of this rule
[[Page 63419]]
on small entities. DOE will consider any comments received regarding
alternative methods of testing that would reduce economic impact of the
rule on small entities. DOE will consider the feasibility of such
alternatives and determine whether they should be incorporated into the
final rule.
D. Review Under the Paperwork Reduction Act of 1995
Manufacturers of direct heating equipment and pool heaters must
certify to DOE that their products comply with all applicable energy
conservation standards. In certifying compliance, manufacturers must
test their products according to the DOE test procedures for direct
heating equipment and pool heaters, including any amendments adopted
for those test procedures, on the date that compliance is required. DOE
has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including direct heating equipment and pool heaters. 76 FR
12422 (March 7, 2011). The collection-of-information requirement for
certification and recordkeeping is subject to review and approval by
OMB under the Paperwork Reduction Act (PRA). This requirement has been
approved by OMB under OMB control number 1910-1400. Public reporting
burden for the certification is estimated to average 20 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
E. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for direct heating equipment and pool heaters.
DOE has determined that this rule falls into a class of actions that
are categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, this proposed rule would
amend the existing test procedures without affecting the amount,
quality, or distribution of energy usage, and, therefore, would not
result in any environmental impacts. Thus, this rulemaking is covered
by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which
applies to any rulemaking that interprets or amends an existing rule
without changing the environmental effect of that rule. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
F. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999), imposes certain requirements on Federal agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States, and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE has examined this
proposed rule and has tentatively determined that it would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. EPCA
governs and prescribes Federal preemption of State regulations as to
energy conservation for the products that are the subject of today's
proposed rule. States can petition DOE for exemption from such
preemption to the extent, and based on criteria, set forth in EPCA. (42
U.S.C. 6297(d)) No further action is required by Executive Order 13132.
G. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Regarding the review required by section 3(a),
section 3(b) of Executive Order 12988 specifically requires that
Executive agencies make every reasonable effort to ensure that the
regulation: (1) Clearly specifies the preemptive effect, if any; (2)
clearly specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) specifies the retroactive
effect, if any; (5) adequately defines key terms; and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. Section 3(c) of
Executive Order 12988 requires Executive agencies to review regulations
in light of applicable standards in sections 3(a) and 3(b) to determine
whether they are met or it is unreasonable to meet one or more of them.
DOE has completed the required review and tentatively determined that,
to the extent permitted by law, the proposed rule meets the relevant
standards of Executive Order 12988.
H. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For regulatory actions likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. (This policy is also available at
www.gc.doe.gov/gc/office-general-counsel.) DOE examined
[[Page 63420]]
today's proposed rule according to UMRA and its statement of policy and
has tentatively determined that the rule contains neither an
intergovernmental mandate, nor a mandate that may result in the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year.
Accordingly, no further assessment or analysis is required under UMRA.
I. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
J. Review Under Executive Order 12630
Pursuant to Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights,'' 53 FR
8859 (March 18, 1988), DOE has determined that this proposed rule would
not result in any takings that might require compensation under the
Fifth Amendment to the U.S. Constitution.
K. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for Federal agencies to review
most disseminations of information to the public under information
quality guidelines established by each agency pursuant to general
guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452
(Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446
(Oct. 7, 2002). DOE has reviewed today's proposed rule under the OMB
and DOE guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
L. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
at OMB, a Statement of Energy Effects for any significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgates or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
Today's regulatory action to amend the test procedure for measuring
the energy efficiency of direct heating equipment and pool heaters is
not a significant regulatory action under Executive Order 12866 or any
successor order. Moreover, it would not have a significant adverse
effect on the supply, distribution, or use of energy, nor has it been
designated as a significant energy action by the Administrator of OIRA.
Therefore, it is not a significant energy action, and, accordingly, DOE
has not prepared a Statement of Energy Effects for this rulemaking.
M. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101 et seq.), DOE must comply with all laws
applicable to the former Federal Energy Administration, including
section 32 of the Federal Energy Administration Act of 1974 (Pub. L.
93-275), as amended by the Federal Energy Administration Authorization
Act of 1977 (Pub. L. 95-70). (15 U.S.C. 788; FEAA) Section 32
essentially provides in relevant part that, where a proposed rule
authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
Today's proposed rule incorporates testing methods contained in the
following commercial standards: ANSI/ASHRAE 103-2007, ``Method of Test
for Annual Fuel Utilization Efficiency of Residential Central Furnaces
and Boilers''; ANSI Z21.86-2008, ``Vented Gas-Fired Space Heating
Appliances''; ASTM D2156-09, ``Standard Test Method for Smoke Density
in Flue Gases from Burning Distillate Fuels''; UL 729-2003, ``Standard
for Safety for Oil-Fired Floor Furnaces''; UL 730-2003, ``Standard for
Safety for Oil-Fired Wall Furnaces''; UL 896-1993, ``Standard for
Safety for Oil-Burning Stoves''; AHRI 1160-2009, ``Performance Rating
of Heat Pump Pool Heaters''; and ASHRAE 146-2011, ``Method of Testing
Pool Heaters.'' While today's proposed test procedures are not
exclusively based on these standards, components of the test procedures
are adopted directly from these standards without amendment. The
Department has evaluated these standards and is unable to conclude
whether they fully comply with the requirements of section 32(b) of the
FEAA, (i.e., that they were developed in a manner that fully provides
for public participation, comment, and review). DOE will consult with
the Attorney General and the Chairman of the FTC concerning the impact
on competition of requiring manufacturers to use the test methods
contained in these standards prior to prescribing a final rule.
V. Public Participation
A. Attendance at the Public Meeting
The time, date and location of the public meeting are listed in the
DATES and ADDRESSES sections at the beginning of this document. If you
plan to attend the public meeting, please notify Ms. Brenda Edwards at
(202) 586-2945 or Brenda.Edwards@ee.doe.gov. Please note that foreign
nationals visiting DOE Headquarters are subject to advance security
screening procedures. Any foreign national wishing to participate in
the meeting should advise DOE of this fact as soon as possible by
contacting Ms. Brenda Edwards to initiate the necessary procedures.
In addition, you can attend the public meeting via webinar. Webinar
registration information, participant instructions, and information
about the capabilities available to webinar participants will be
published on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/68. Please also note that
any person wishing to bring a laptop computer or tablet into the
Forrestal Building will be required to obtain a property pass. Visitors
should avoid bringing such devices, or allow an extra 45 minutes.
Persons may also attend the public meeting via webinar. Participants
are responsible for ensuring their systems are compatible with the
webinar software.
[[Page 63421]]
B. Procedure for Submitting Requests To Speak and Prepared General
Statements for Distribution
Any person who has an interest in the topics addressed in this
notice of proposed rulemaking, or who is representative of a group or
class of persons that has an interest in these issues, may request an
opportunity to make an oral presentation at the public meeting. Such
persons may hand-deliver requests to speak to the address show in the
ADDRESSES section at the beginning of this notice of proposed
rulemaking between 9:00 a.m. and 4:00 p.m., Monday through Friday,
except Federal holidays. Requests may also be sent by mail or email to
Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies
Program, Mailstop EE-2J, 1000 Independence Avenue SW, Washington, DC
20585-0121, or Brenda.Edwards@ee.doe.gov. Persons who wish to speak
should include in their request a computer diskette or CD-ROM in
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that
briefly describes the nature of their interest in this rulemaking and
the topics they wish to discuss. Such persons should also provide a
daytime telephone number where they can be reached.
DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least one week before the
public meeting. DOE may permit persons who cannot supply an advance
copy of their statement to participate, if those persons have made
advance alternative arrangements with the Building Technologies
Program. As necessary, request to give an oral presentation should ask
for such alternative arrangements.
Any person who has plans to present a prepared general statement
may request that copies of his or her statement be made available at
the public meeting. Such persons may submit requests, along with an
advance electronic copy of their statement in PDF (preferred),
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to
the appropriate address shown in the ADDRESSES section at the beginning
of this notice of proposed rulemaking. The request and advance copy of
statements must be received at least one week before the public meeting
and may be emailed, hand-delivered, or sent by mail. DOE prefers to
receive requests and advance copies via email. Please include a
telephone number to enable DOE staff to make follow-up contact, if
needed.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also use a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). A court reporter will be present to record the proceedings and
prepare a transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. There shall not be discussion of proprietary
information, costs or prices, market share, or other commercial matters
regulated by U.S. anti-trust laws. After the public meeting, interested
parties may submit further comments on the proceedings, as well as on
any aspect of the rulemaking, until the end of the comment period.
The public meeting will be conducted in an informal, conference
style. DOE will present summaries of comments received before the
public meeting, allow time for prepared general statements by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant will be allowed
to make a general statement (within time limits determined by DOE),
before the discussion of specific topics. DOE will allow, as time
permits, other participants to comment briefly on any general
statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions by DOE and by other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the public meeting.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this notice of proposed rulemaking, and will be accessible on the
DOE Web site. In addition, any person may buy a copy of the transcript
from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this notice of
proposed rulemaking.
All submissions received must include the agency name and docket
number and/or RIN for this rulemaking. No telefacsimilies (faxes) will
be accepted.
Submitting comments via regulations.gov. The www.regulations.gov
Web page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact you for clarification, DOE
may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
www.regulations.gov cannot be claimed as CBI. Comments received through
the Web site will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of
[[Page 63422]]
comments are being processed simultaneously, your comment may not be
viewable for up to several weeks. Please keep the comment tracking
number that www.regulations.gov provides after you have successfully
uploaded your comment.
Submitting comments via email, hand delivery/courier, or mail.
Comments and documents submitted via email, hand delivery/courier, or
mail also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible, in
which case it is not necessary to submit printed copies. No
telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and are free of any defects or
viruses. Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
1. Are the proposed provisions for testing vented heaters that are
capable of condensing operation appropriate and sufficient?
2. Are the updates to the material incorporated by reference into
the direct heating equipment test procedure appropriate and sufficient?
3. Is the assignment of a 1-percent default jacket loss in lieu of
testing for vented floor furnaces appropriate?
4. Are the proposed provisions to allow testing of electric
resistance and heat pump pool heaters appropriate and sufficient?
5. What are the impacts of this proposed rule on small business
entities?
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's notice
of proposed rulemaking.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on September 30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of Chapter II, Subchapter D of Title 10, Code of Federal
Regulations, as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.3 is amended by:
0
a. Redesignating paragraph (d)(18) as (d)(19) and adding ``and Appendix
O of this part'' after ``for Sec. 430.2'' in redesignated paragraph
(d)(19);
0
b. Redesignating paragraphs (f)(10) as (f)(11) and (i) through (p) as
(j) through (q) respectively; and
0
c. Adding paragraphs (b)(2), (d)(18), (f)(10), (f)(12), (i), and (r).
The additions read as follows:
Sec. 430.3 Materials incorporated by reference.
* * * * *
(b) * * *
(2) ANSI/AHRI Standard 1160-2009 (``ANSI/AHRI 1160''), Performance
Rating of Heat Pump Pool Heaters, ANSI approved November 4, 2011, IBR
approved for appendix P to subpart B.
* * * * *
(d) * * *
(18) ANSI Z21.86-2008 (CSA 2.32-2008), (``ANSI Z21.86''), Vented
Gas-Fired Space Heating Appliances, Fifth Edition, ANSI approved March
28, 2008, IBR approved for appendix O to subpart B.
* * * * *
(f) * * *
(10) ANSI/ASHRAE 103-2007, Method of Test for Annual Fuel
Utilization Efficiency of Residential Central Furnaces and Boilers,
ASHRAE approved June 27, 2007, ANSI approved March 25, 2008, IBR
approved for appendix O to subpart B.
* * * * *
(12) ANSI/ASHRAE 146-2011 (``ANSI/ASHRAE 146''), Method of Testing
and Rating Pool Heaters, ASHRAE approved February 2, 2011, ANSI
approved February 3, 2011, IBR approved for appendix P to subpart B.
* * * * *
(i) ASTM. American Society for Testing and Materials International,
100
[[Page 63423]]
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959
(www.astm.org).
(1) ASTM D2156-09, (``ASTM D2156''), Standard Test Method for Smoke
Density in Flue Gases from Burning Distillate Fuels, Edition 09, ASTM
approved December 1, 2009, IBR approved for and appendix O to subpart
B.
(2) [Reserved]
* * * * *
(r) UL. Underwriters Laboratories, Inc., 2600 NW. Lake Rd., Camas
WA 98607-8542 (www.UL.com).
(1) UL 729-2003 (``UL 729''), Standard for Safety for Oil-Fired
Floor Furnaces, dated August 29, 2003, Sixth Edition including
revisions through April 22, 2010, IBR approved for appendix O to
subpart B.
(2) UL 730-2003 (``UL 730''), Standard for Safety for Oil-Fired
Wall Furnaces, dated August 29, 2003, 5th edition including revisions
through April 22, 2010, IBR approved for appendix O to subpart B.
(3) UL 896-1993 (``UL 896''), Standard for Safety for Oil-Burning
Stoves, dated July 29, 1993, 5th edition including revisions through
May 7, 2010, IBR approved for appendix O to subpart B.
0
3. Section 430.23 is amended by revising paragraphs (o) and (p) to read
as follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(o) Vented home heating equipment. (1) When determining the annual
fuel utilization efficiency (AFUE) of vented home heating equipment
(see the note at the beginning of appendix O), expressed in percent
(%), AFUE shall be calculated in accordance with section 4.1.17 or
4.3.7 of appendix O of this subpart for vented heaters without either
manual controls or thermal stack dampers; according to section 4.2.6 or
4.3.7 of appendix O of this subpart for vented heaters equipped with
manual controls; or according to section 4.3.7 of appendix O of this
subpart for vented heaters equipped with thermal stack dampers.
(2) When estimating the annual operating cost for vented home
heating equipment, calculate the sum of:
(i) The product of the average annual fuel energy consumption, in
Btu's per year for natural gas, propane, or oil-fueled vented home
heating equipment, determined according to section 4.6.2 of appendix O
of this subpart, and the representative average unit cost in dollars
per Btu for natural gas, propane, or oil, as appropriate, as provided
pursuant to section 323(b)(2) of the Act; plus
(ii) The product of the average annual auxiliary electric energy
consumption in kilowatt-hours per year determined according to section
4.6.3 of appendix O of this subpart, and the representative average
unit cost in dollars per kilowatt-hours as provided pursuant to section
323(b)(2) of the Act, the resulting sum then being rounded off to the
nearest dollar per year.
(3) When estimating the estimated operating cost per million Btu
output for gas or oil vented home heating equipment with an auxiliary
electric system, calculate the product of:
(i) The quotient of one million Btu divided by the sum of:
(A) The product of the maximum fuel input in Btu's per hour as
determined in 3.1.1 or 3.1.2 of appendix O of this subpart times the
annual fuel utilization efficiency in percent as determined in 4.1.17,
4.2.6, or 4.3.7 of this appendix as appropriate divided by 100; plus
(B) The product of the maximum electric power in watts as
determined in 3.1.3 of appendix O of this subpart times the quantity
3.412; and
(ii) Of the sum of:
(A) The product of the maximum fuel input in Btu's per hour as
determined in 3.1.1 or 3.1.2 of this appendix times the representative
unit cost in dollars per Btu for natural gas, propane, or oil, as
appropriate, as provided pursuant to section 323(b)(2) of the Act; plus
(B) The product of the maximum auxiliary electric power in
kilowatts as determined in 3.1.3 of appendix O of this subpart times
the representative unit cost in dollars per kilowatt-hour as provided
pursuant to section 323(b)(2) of the Act, the resulting quantity shall
be rounded off to the nearest 0.01 dollar per million Btu output.
(p) Pool heaters. (1) Prior to the compliance date of any energy
conservation standards that incorporate standby mode and off mode
energy consumption for pool heaters, when determining the thermal
efficiency of pool heaters (see the note at the beginning of appendix P
of this subpart) expressed as a percent (%), thermal efficiency shall
be calculated in accordance with section 5.1 of appendix P to this
subpart.
(2) After the compliance date of any energy conservation standards
that incorporate standby mode and off mode energy consumption for pool
heaters, when determining the integrated thermal efficiency of pool
heaters (see the note at the beginning of appendix P of this subpart)
expressed as a percent (%), integrated thermal efficiency shall be
calculated in accordance with section 5.4 of appendix P to this
subpart.
(3) When estimating the annual operating cost of pool heaters,
calculate the sum of:
(i) The product of the average annual fuel energy consumption, in
Btu's per year, of natural gas or oil-fueled pool heaters, determined
according to section 5.2 of appendix P to this subpart, and the
representative average unit cost in dollars per Btu for natural gas or
oil, as appropriate, as provided pursuant to section 323(b)(2) of the
Act; plus
(ii) The product of the average annual electrical energy
consumption in kilowatt-hours per year determined according to section
5.3 of appendix P to this subpart and converted to kilowatt-hours using
a conversion factor of 3412 Btu = 1 kilowatt-hour, and the
representative average unit cost in dollars per kilowatt-hours as
provided pursuant to section 323(b)(2) of the Act, the resulting sum
then being rounded off to the nearest dollar per year.
* * * * *
0
4. Appendix O to subpart B of part 430 is amended by:
0
a. Revising the note after the appendix heading;
0
b. Redesignating the second section 1.33 (following section 1.37) as
section 1.39.
0
c. Redesignating sections 1.5 through 1.37 as 1.6 through 1.38;
0
d. Adding sections 1.5, 2.2.4, 3.8, 3.8.1, 3.8.2, 4.1.6.1, 4.1.6.2,
4.1.6.3, and 4.1.6.4;
0
e. Amending section 2.6.1 by removing the words ``ANSI Z21.49-1975,
section 2.14.'' and adding in their place ``Part VIII section 8.7 of
ANSI Z21.86.''
0
f. Amending section 2.6.2 by removing the words ``Figure 34.4 of UL
730-1974, or Figures 35.1 and 35.2 of UL 729-1976'' and adding in their
place ``Figure 36.4 of UL 730, or Figure 38.1 and 38.2 of UL 729.'' and
by removing the words ``sections 35.12 through 35.17 of UL 730-1974.''
and adding in their place ``sections 37.5.8 through 37.5.18 of UL
730.''
0
g. Revising sections 2.1.1, 2.1.2, 2.1.3, 2.2.2, 2.3.3, 2.3.4, 2.4.2,
2.5.1, 3.1.2, 3.2, 3.3, 4.1.6, 4.1.10, 4.2.4.1, 4.3.3, and 4.3.6.
These additions and revisions read as follows:
Appendix O to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Vented Home Heating Equipment
Note: After [date 180 days after publication of the final rule
in the Federal Register], any representations made with respect to
the energy use or efficiency of vented home
[[Page 63424]]
heating equipment must be made in accordance with the results of
testing pursuant to this appendix. After this date, if a
manufacturer elects to make representations with regard to standby
mode and off mode energy consumption, then testing must also include
the provisions of this appendix related to standby mode and off mode
energy consumption.
Manufacturers conducting tests of vented home heating equipment
after [date 30 days after publication of the final rule in the
Federal Register] and prior to [date 180 days after publication of
the final rule in the Federal Register], must conduct such test in
accordance with either this appendix or appendix O as it appeared at
10 CFR part 430, subpart B, appendix X, in the 10 CFR parts 200 to
499 edition revised as of January 1, 2013. Any representations made
with respect to the energy use or efficiency of such vented home
heating equipment must be in accordance with whichever version is
selected. Given that after [date 180 days after publication of the
final rule in the Federal Register] representations with respect to
the energy use or efficiency of vented home heating equipment must
be made in accordance with tests conducted pursuant to this
appendix, manufacturers may wish to begin using this test procedure
as soon as possible.
On or after the compliance date for any amended energy
conservation standards that incorporate standby mode and off mode
energy consumption, all representations must be based on testing
performed in accordance with this appendix in its entirety.
* * * * *
1.5 ``Condensing vented heater'' means a vented heater that
will, during the laboratory tests prescribed in this appendix,
condense part of the water vapor in the flue gases.
* * * * *
2.1.1 Vented wall furnaces (including direct vent systems).
Install non-direct vent gas-fueled vented wall furnaces as specified
in section 8.1.3 and figure 7 or figure 10 of ANSI Z21.86
(incorporated by reference; see Sec. 430.3). Install direct vent
gas-fueled vented wall furnaces as specified in section 6.1.3 and
figure 6 of ANSI Z21.86. Install oil-fueled vented wall furnaces as
specified in section 36.1 of UL 730.
2.1.2 Vented floor furnaces. Install vented floor furnaces for
test as specified in section 38.1 of UL 729.
2.1.3 Vented room heaters. Install vented room heaters for test
as specified in section 37.1.1 of UL 896.
* * * * *
2.2.2 Oil-fueled vented home heating equipment (excluding direct
vent systems). Use flue connections for oil-fueled vented floor
furnaces as specified in section 38.2 of UL 729, sections 36.2 of UL
730 for oil-fueled vented wall furnaces, and sections 37.1.2 and
37.1.3 of UL 896 for oil-fueled vented room heaters (incorporated by
reference; see Sec. 430.3).
* * * * *
2.2.4 Condensing vented heater, additional flue requirements.
The flue pipe installation must not allow condensate formed in the
flue pipe to flow back into the unit. An initial downward slope from
the unit's exit, an offset with a drip leg, annular collection
rings, or drain holes must be included in the flue pipe installation
without disturbing normal flue gas flow. Flue gases should not flow
out of the drain with the condensate. For condensing vented heaters
not designed for collection and draining of condensate, a means to
collect condensate must be provided for the purposes of testing.
* * * * *
2.3.3 Other test gas. Use other test gases with characteristics
as described in table 1 of ANSI/ASHRAE 103-2007 (incorporated by
reference; see Sec. 430.3). Use gases with a measured higher
heating value within 5 percent of the values specified
in the above ANSI/ASHRAE standard. Determine the actual higher
heating value of the gas used in the test with an error no greater
than one percent.
2.3.4 Oil supply. For a vented heater utilizing fuel oil, use
No. 1, fuel oil (kerosene) for vaporizing-type burners and either
No. 1 or No. 2 fuel oil, as specified by the manufacturer, for
mechanical atomizing type burners. Use test fuel conforming to the
specifications given in tables 2 and 3 of ANSI/ASHRAE 103-2007
(incorporated by reference; see Sec. 430.3). Measure the higher
heating value of the test fuel with an error no greater than one
percent.
* * * * *
2.4.2 Oil burner adjustments. Adjust the burners of oil-fueled
vented heaters to give the CO2 reading recommended by the
manufacturer and an hourly Btu input, during the steady-state
performance test described below, which is within 2
percent of the heater manufacturer's specified normal hourly Btu
input rating. On units employing a power burner, do not allow smoke
in the flue to exceed a No. 1 smoke during the steady-state
performance test as measured by the procedure in ASTM D2156
(incorporated by reference; see Sec. 430.3). If, on units employing
a power burner, the smoke in the flue exceeds a No. 1 smoke during
the steady-state test, readjust the burner to give a lower smoke
reading, and, if necessary a lower CO2 reading, and start
all tests over. Maintain the average draft over the fire and in the
flue during the steady-state performance test at that recommended by
the manufacturer within 0.005 inches of water gauge. Do
not make additional adjustments to the burner during the required
series of performance tests. The instruments and measuring apparatus
for this test are described in section 6 and shown in Figure 8 of
ANSI/ASHRAE 103-2007 (incorporated by reference; see Sec. 430.3).
* * * * *
2.5.1 Forced air vented wall furnaces (including direct vent
systems). During testing, maintain the air flow through the heater
as specified by the manufacturer and operate the vented heater with
the outlet air temperature between 80[emsp14][deg]F and
130[emsp14][deg]F above room temperature. If adjustable air
discharge registers are provided, adjust them so as to provide the
maximum possible air restriction. Measure air discharge temperature
as specified in section 8.7 of ANSI Z21.86 (incorporated by
reference; see Sec. 430.3).
* * * * *
3.1.2 Oil-fueled vented home heating equipment (including direct
vent systems). Set up and adjust the vented heater as specified in
sections 2.1, 2.2, and 2.3.4 of this appendix. Begin the steady-
state performance test by operating the burner and the circulating
air blower, on units so equipped, with the adjustments specified by
sections 2.4.2 and 2.5 of this appendix until steady-state
conditions are attained as indicated by a temperature variation of
not more than 5[emsp14][deg]F (2.8 C) in the flue gas temperature in
three successive readings taken 15 minutes apart.
For units equipped with power burners, do not allow smoke in the
flue to exceed a No. 1 smoke during the steady-state performance
test as measured by the procedure described in ASTM D 2156
(incorporated by reference; see Sec. 430.3). Maintain the average
draft over the fire and in the breeching during the steady-state
performance test at that recommended by the manufacturer 0.005 inches of water gauge.
Measure the room temperature (TRA) as described in
section 2.9 of this appendix and measure the steady-state flue gas
temperature (TF,SS) using nine thermocouples located in
the flue pipe as described in section 2.6.2 of this appendix. Secure
a sample of the flue gas in the plane of temperature measurement and
determine the concentration by volume of CO2
(XCO2F) present in dry flue gas. Measure and record the
steady-state heat input rate (Qin).
For manually controlled oil-fueled vented heaters, determine the
steady-state efficiency at a fuel input rate that is within 5 percent of 50 percent of the maximum fuel input rate or at
the minimum fuel input rate as measured in section 3.1.2 to this
appendix for manually controlled oil-fueled vented heaters if the
design of the heater is such that the 5 percent of 50
percent of the maximum fuel input rate cannot be set.
* * * * *
3.2 Jacket loss measurement. Conduct a jacket loss test for
vented floor furnaces. Measure the jacket loss (Lj) in
accordance with the ANSI/ASHRAE 103-2007 section 8.6 (incorporated
by reference; see Sec. 430.3), applying the provisions for furnaces
and not the provisions for boilers. In lieu of testing, the jacket
loss can be assigned a value of 1%.
3.3 Measurement of the off-cycle losses for vented heaters
equipped with thermal stack dampers. As noted in section 4.3, this
procedure may be optionally used for all vented heaters. Install the
thermal stack damper, if required, according to the manufacturer's
instructions. Unless specified otherwise, the thermal stack damper
should be at the draft diverter exit collar. Attach a five foot
length of bare stack to the outlet of the damper. Install
thermocouples as specified in section 2.6.1 of this appendix.
For vented heaters equipped with single-stage thermostats,
measure the off-cycle losses at the maximum fuel input rate. For
vented heaters equipped with two-stage thermostats, measure the off-
cycle losses at the maximum fuel input rate and at the reduced fuel
input rate. For vented heaters equipped with step-modulating
thermostats,
[[Page 63425]]
measure the off-cycle losses at the reduced fuel input rate.
Let the vented heater heat up to a steady-state condition. Feed
a tracer gas at a constant metered rate into the stack directly
above and within one foot above the stack damper. For units not
employing a thermal stack damper, introduce the tracer gas within
the first foot of the test stack. Record tracer gas flow rate and
temperature. Measure the tracer gas concentration in the stack at
several locations in a horizontal plane through a cross-section of
the stack at a point sufficiently above the stack damper to ensure
that the tracer gas is well mixed in the stack.
Continuously measure the tracer gas concentration and
temperature during a 10-minute cool-down period. Shut the burner off
and immediately begin measuring tracer gas concentration in the
stack, stack temperature, Room temperature, and barometric pressure.
Record these values as the midpoint of each one-minute interval
between burner shut-down and ten minutes after burner shut-down.
Meter response time and sampling delay time shall be considered in
timing these measurements.
* * * * *
3.8 Condensing vented heaters measurement of condensate under
steady-state and cyclic conditions. Condensate drain lines shall be
attached to the vented heater as specified in the manufacturer's
installation instructions. The test unit shall be level prior to all
testing. A continuous downward slope of drain lines from the unit
shall be maintained. Additional precautions shall be taken to
facilitate uninterrupted flow of condensate during the test.
Collection container must be glass or polished stainless steel to
facilitate removal of interior deposits. The collection container
shall have a vent opening to the atmosphere, be dried prior to each
use, and be at room ambient temperature. The humidity of the room
air shall at no time exceed 80% relative humidity. For condensing
units not designed for collecting and draining condensate, drain
lines need to be provided during testing that meet the criteria set
forth in this section 3.8. Units employing manual controls and units
not tested under the optional tracer gas procedures of section 3.3
and 3.6 shall only conduct the steady-state condensate collection
test.
3.8.1 Steady-state condensate collection test. Begin a steady-
state condensate collection immediately after the steady-state
testing of section 3.1 has been completed. The steady-state
condensate collection period shall be an additional 30 minutes.
Condensate mass shall be measured immediately at the end of the
collection period to minimize evaporation loss from the sample. Fuel
input shall be recorded for the 30-minute condensate collection
steady-state test period. Fuel higher heating value (HHV),
temperature, and pressures necessary for determining fuel energy
input (Qc,ss) will be measured and recorded. The fuel
quantity and HHV shall be measured with errors no greater than 1%.
Determine the mass of condensate for the steady-state test
(Mc,ss) in pounds by subtracting the tare container
weight from the total container and condensate weight measured at
the end of the 30-minute condensate collection test period.
For units with step modulating or two-stage controls, the
steady-state condensate collection test shall be conducted at both
the maximum and reduced input rates.
3.8.2 Cyclic condensate collection tests. (only for vented
heaters tested under the optional tracer gas procedures of section
3.3 or 3.6) Control devices shall be installed to allow cyclical
operation of the vented heater. The unit shall be operated in a
cyclical manner until flue gas temperatures at the end of each on-
cycle are within 5[deg] F of each other for two consecutive cycles.
On-cycle and off-cycle times are 4 minutes and 13 minutes
respectively. Control of ON and OFF operation actions shall be
within +/- 6 seconds of the scheduled time. Begin three test cycles.
For fan-type vented heaters, maintain circulating air adjustments as
specified in section 2.5 of this appendix. Begin condensate
collection at one minute before the on-cycle period of the first
test cycle. The container shall be removed one minute before the end
of each off-cycle period. Condensate mass shall be measured for each
test-cycle.
Fuel input shall be recorded during the entire test period
starting at the beginning of the on-time period of the first cycle
to the beginning of the on-time period of the second cycle, etc.,
for each of the test cycles. Fuel higher heating value (HHV),
temperature, and pressure necessary for determining fuel energy
input, Qc, shall be recorded. Determine the mass of
condensate for each cycle, Mc, in pounds. If at the end
of three-cycles, the sample standard deviation is within 20% of the
mean value for three cycles, use total condensate collected in the
three cycles as Mc; if not, continue collection for an
additional three cycles and use the total condensate collected for
the six cycles as Mc. Determine the fuel energy input,
Qc, during the three or six test cycles, expressed in
Btu.
* * * * *
4.1.6 Latent heat loss. For non-condensing vented heaters,
obtain the latent heat loss (LL,A) from Table 2 of this
appendix. For condensing vented heaters, a modified latent heat loss
(LL,A*) is obtained as follows:
For steady-state conditions:
LL,A* = LL,A - LG,SS +
LC,SS
where:
LL,A = Latent heat loss, based on fuel type, from
table 2 of this appendix
LG,SS = Steady-state latent heat gain due to condensation
as determined in 4.1.6.1 of this appendix
LC,SS = Steady-state heat loss due to hot condensate
going down the drain as determined in 4.1.6.2 of this appendix
For cyclic conditions: (only for vented heaters tested under the
optional tracer gas procedures of section 3.3 or 3.6)
LL,A* = LL,A - LG + LC
where:
LL,A = Latent heat loss, based on fuel type, from table 2
of this appendix
LG = Latent heat gain due to condensation under cyclic
conditions as determined in 4.1.6.3 of this appendix
LC = Heat loss due to hot condensate going down the drain
under cyclic conditions as determined in 4.1.6.4 of this appendix
4.1.6.1 Latent heat gain due to condensation under steady-state
conditions. Calculate the latent heat gain (LG,SS)
expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.090
where:
100 = conversion factor to express a decimal as a percent
1053.3 = latent heat of vaporization of water, Btu per pound
Mc,ss = mass of condensate for the steady-state test as
determined in 3.8.1 of this appendix, pounds
Qc,ss = fuel energy input for steady-state test as
determined in 3.8.1 of this appendix, Btu
4.1.6.2 Heat loss due to hot condensate going down the drain
under steady-state conditions. Calculate the steady-state heat loss
due to hot condensate going down the drain (LC,SS)
expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.091
where:
LG,SS = Latent heat gain due to condensation under
steady-state conditions as defined in 4.1.6.1 of this appendix
1.0 = specific heat of water, Btu/lb-[deg]F
TF,SS = Flue (or stack) gas temperature as defined in 3.1
of this appendix, [deg]F.
70 = assumed indoor temperature, [deg]F
0.45 = specific heat of water vapor, Btu/lb-[deg]F
45 = average outdoor temperature for vented heaters, [deg]F
4.1.6.3 Latent heat gain due to condensation under cyclic
conditions. (only for vented heaters tested under the optional
tracer gas procedures of section 3.3 or 3.6) Calculate the latent
heat gain (LG) expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.092
where:
100 = conversion factor to express a decimal as a percent
[[Page 63426]]
1053.3 = latent heat of vaporization of water, Btu per pound
Mc = mass of condensate for the cyclic test as determined
in 3.8.2 of this appendix, pounds
Qc = fuel energy input for cyclic test as determined in
3.8.2 of this appendix, Btu
4.1.6.4 Heat loss due to hot condensate going down the drain
under cyclic conditions. (only for vented heaters tested under the
optional tracer gas procedures of section 3.3 or 3.6) Calculate the
cyclic heat loss due to hot condensate going down the drain
(LC) expressed as a percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.093
where:
LG = Latent heat gain due to condensation under cyclic
conditions as defined in 4.1.6.3 of this appendix
1.0 = specific heat of water, Btu/lb-[deg]F
TF,SS = Flue (or stack) gas temperature as defined in 3.1
of this appendix.
70 = assumed indoor temperature, [deg]F
0.45 = specific heat of water vapor, Btu/lb-[deg]F
45 = average outdoor temperature for vented heaters, [deg]F
* * * * *
4.1.10 Steady-state efficiency. For vented heaters equipped with
single-stage thermostats, calculate the steady-state efficiency
(excluding jacket loss, [eta]SS, expressed in percent and
defined as:
[eta]SS = 100 - LL,A - LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for steady-
state conditions)
LS,SS,A = sensible heat loss at steady-state operation,
as defined in 4.1.9 of this appendix
For vented heaters equipped with either two-stage thermostats or
with step-modulating thermostats, calculate the steady-state
efficiency at the reduced fuel input rate, [eta]SS-L,
expressed in percent and defined as:
[eta]SS-L = 100 - LL,A - LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for steady-
state conditions at the reduced firing rate)
LS,SS,A = sensible heat loss at steady-state operation,
as defined in 4.1.9 of this appendix in which LS,SS,Ais
determined at the reduced fuel input rate
For vented heaters equipped with two-stage thermostats,
calculate the steady-state efficiency at the maximum fuel input
rate,
[eta]SS-H, expressed in percent and defined as:
[eta]SS-H = 100 - LL,A - LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for steady-
state conditions at the maximum fuel input rate)
LS,SS,A = sensible heat loss at steady-state operation,
as defined in 4.1.9 of this appendix in which LS,SS,Ais
measured at the maximum fuel input rate
For vented heaters equipped with step-modulating thermostats,
calculate the weighted-average steady-state efficiency in the
modulating mode, [eta]SS-MOD, expressed in percent and
defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.094
where:
[eta]SS-H = steady-state efficiency at the maximum fuel
input rate, as defined in 4.1.10 of this appendix
[eta]SS-L = steady-state efficiency at the reduced fuel
input rate, as defined in 4.1.10 of this appendix
TOA* = average outdoor temperature for vented heaters
with step-modulating thermostats operating in the modulating mode
and is obtained from Table 3 or Figure 1 of this appendix
TC = balance point temperature which represents a
temperature used to apportion the annual heating load between the
reduced input cycling mode and either the modulating mode or maximum
input cycling mode and is obtained either from Table 3 of this
appendix or calculated by the following equation:
TC = 65 - [(65 - 15)R]
where:
65 = average outdoor temperature at which a vented heater starts
operating
15 = national average outdoor design temperature for vented heaters
R = ratio of reduced to maximum heat output rates, as defined in
4.1.13 of this appendix
* * * * *
4.2.4.1 For manually-controlled heaters with various input rates
the weighted average steady-state efficiency
([eta]SS-WT), is determined as follows:
[eta]SS-WT = 100-LL,A-LS,SS,A
where:
LL,A = latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters, LL,A* for
steady-state conditions)
LS,SS,A = steady-state efficiency at the reduced fuel
input rate, as defined in 4.1.9 of this appendix
and where LL,A and LS,SS,A are determined:
(1) at 50 percent of the maximum fuel input rate as measured in
either section 3.1.1 of this appendix for manually-controlled gas
vented heaters or section 3.1.2 of this appendix for manually-
controlled oil vented heaters, or
(2) at the minimum fuel input rate as measured in either section
3.1.1 to this appendix for manually-controlled gas vented heaters or
section 3.1.2 to this appendix for manually-controlled oil vented
heaters if the design of the heater is such that the 5
percent of 50 percent of the maximum fuel input rate cannot be set,
provided this minimum rate is no greater than 2/3 of the maximum
input rate of the heater.
* * * * *
4.3.3 Off-cycle sensible heat loss. For vented heaters equipped
with single-stage thermostats, calculate the off-cycle sensible heat
loss (LS,OFF) at the maximum fuel input rate. For vented
heaters equipped with step-modulating thermostats, calculate
LS,OFF defined as:
LS,OFF = X1 LS,OFF,red
where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red = as defined as LS,OFF in 4.3.3 of
this appendix at the reduced fuel input rate
For vented heaters equipped with two-stage thermostats,
calculate LS,OFF defined as:
LS,OFF = X1 LS,OFF,red
+X2 LS,OFF,Max
where:
X1 = as defined in 4.1.14 of this appendix
LS,OFF,red =as defined as LS,OFF in 4.3.3 of
this appendix at the reduced fuel input rate
X2 = as defined in 4.1.15 of this appendix
LS,OFF,Max = as defined as LS,OFF in 4.3.3 of
this appendix at the maximum fuel input rate
Calculate the off-cycle sensible heat loss (LS,OFF)
expressed as a percent and defined as:
[[Page 63427]]
[GRAPHIC] [TIFF OMITTED] TP24OC13.095
where:
100 = conversion factor for percent
0.24 = specific heat of air in Btu per pound-[deg]F
Qin = fuel input rate, as defined in 3.1 of this appendix
in Btu per minute (as appropriate for the firing rate)
ton = average burner on-time per cycle and is 20 minutes
[Sigma] mS,OFF (TS,OFF -TRA) =
summation of the ten values (for single-stage or step-modulating
models) or twenty values (for two-stage models) of the quantity,
mS,OFF (TS,OFF - TRA), measured in
accordance with 3.3 of this appendix
mS,OFF = stack gas mass flow rate pounds per minute
[GRAPHIC] [TIFF OMITTED] TP24OC13.096
TS,OFF = stack gas temperature measured in accordance
with 3.3 of this appendix
TRA = average room temperature measured in accordance
with 3.3 of this appendix
PB = barometric pressure in inches of mercury
VT = flow rate of the tracer gas through the stack in
cubic feet per minute
CT * = concentration by volume of the active tracer gas
in the mixture in percent and is 100 when the tracer gas is a single
component gas
CT = concentration by volume of the active tracer gas in
the diluted stack gas in percent
TT = temperature of the tracer gas entering the flow
meter in degrees Fahrenheit
(TT + 460) = absolute temperature of the tracer gas
entering the flow meter in degrees Rankine
* * * * *
4.3.6 Part-load fuel utilization efficiency. Calculate the part-
load fuel utilization efficiency ([eta]u) expressed as a
percent and defined as:
[GRAPHIC] [TIFF OMITTED] TP24OC13.097
where:
Cj = 2.8, adjustment factor
Lj = jacket loss as defined in 4.1.5
LL,A = Latent heat loss, as defined in 4.1.6 of this
appendix (for condensing vented heaters LL,A* for cyclic
conditions)
ton = Average burner on time which is 20 mins.
LS,ON = On-cycle sensible heat loss, as defined in 4.3.1
of this appendix
LS,OFF = Off-cycle sensible heat loss, as defined in
4.3.3 of this appendix
LI,ON = On-cycle infiltration heat loss, as defined in
4.3.2 of this appendix
LI,OFF = Off-cycle infiltration heat loss, as defined in
4.3.5 of this appendix
PF = Pilot fraction, as defined in 4.1.4 of this appendix
tOFF = average burner off-time per cycle, which is 20
minutes
* * * * *
0
5. Appendix P to subpart B of part 430 is revised to read as follows:
Appendix P to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Pool Heaters
Note: After [date 180 days after publication of the final rule
in the Federal Register], any representations made with respect to
the energy use or efficiency of pool heaters must be made in
accordance with the results of testing pursuant to this appendix.
After this date, if a manufacturer elects to make representations
with regard to standby mode and off mode energy consumption, then
testing must also include the provisions of this appendix related to
standby mode and off mode energy consumption.
Manufacturers conducting tests of gas-fired pool heaters after
[date 30 days after publication of the final rule in the Federal
Register] and prior to [date 180 days after publication of the final
rule in the Federal Register], must conduct such test in accordance
with either this appendix or appendix X as it appeared at 10 CFR
Part 430, subpart B, appendix P, in the 10 CFR Parts 200 to 499
edition revised as of January 1, 2013. Any representations made with
respect to the energy use or efficiency of such gas-fired pool
heaters must be in accordance with whichever version is selected.
Given that after [date 180 days after publication of the final rule
in the Federal Register] representations with respect to the energy
use or efficiency of pool heaters must be made in accordance with
tests conducted pursuant to this appendix, manufacturers may wish to
begin using this test procedure as soon as possible.
On or after the compliance date for any amended energy
conservation standards that incorporate standby mode and off mode
energy consumption, all representations must be based on testing
performed in accordance with this appendix in its entirety.
1. Definitions.
1.1 Active mode means the condition during the pool heating
season in which the pool heater is connected to the power source,
and the main burner, electric resistance element, or heat pump is
activated to heat pool water.
1.2 Coefficient of Performance (COP), as applied to heat pump
pool heaters, means the ratio of heat output in kW to the total
power input in kW
1.3 Electric heat pump pool heater means an appliance designed
for heating nonpotable water employing a compressor, water-cooled
condenser, and outdoor air coil.
1.4 Electric resistance pool heater means an appliance designed
for heating nonpotable water employing electric resistance heating
elements.
1.5 Fossil fuel-fired pool heater means an appliance designed
for heating nonpotable water employing natural gas or oil burners.
1.6 Hybrid pool heater means an appliance designed for heating
nonpotable water employing both a heat pump (compressor, water-
cooled condenser, and outdoor air coil) and a fossil fueled burner
as heating sources.
1.7 Off mode means the condition during the pool non-heating
season in which the pool heater is connected to the power source,
and neither the main burner, nor the electric resistance elements,
nor the heat pump is activated, and the seasonal off switch, if
present, is in the ``off'' position.
1.8 Seasonal off switch means a switch that effects a difference
in off mode energy consumption as compared to standby mode energy
consumption.
1.9 Standby mode means the condition during the pool heating
season in which the pool heater is connected to the power source,
and neither the main burner, nor the electric resistance elements,
nor the heat pump is activated.
2. Test method.
2.1 Active mode.
2.1.1 Fossil fuel-fired pool heaters. The test method for
testing fossil fuel-fired pool heaters in active mode is as
specified in ANSI Z21.56 (incorporated by reference; see Sec.
430.3).
2.1.2 Electric resistance pool heaters. The test method for
testing electric resistance pool heaters in active mode is as
specified in ANSI/ASHRAE 146 (incorporated by reference; see Sec.
430.3).
2.1.3 Electric heat pump pool heaters. The test method for
testing electric heat pump pool heaters in active mode is as
specified in ANSI/AHRI 1160 (incorporated by reference; see Sec.
430.3), which references ANSI/ASHRAE 146 (incorporated by reference;
see Sec. 430.3).
2.1.4 Hybrid pool heaters. [Reserved]
2.2 Standby mode. The test method for testing the energy
consumption of pool heaters in standby mode is as described in
sections 3 through 5 of this appendix.
2.3 Off mode.
2.3.1 Pool heaters with a seasonal off switch. For pool heaters
with a seasonal off switch, no off mode test is required.
[[Page 63428]]
2.3.2 Pool heaters without a seasonal off switch. For pool
heaters without a seasonal off switch, the test method for testing
the energy consumption of the pool heater is as described in
sections 3 through 5 of this appendix.
3. Test conditions.
3.1 Active mode.
3.1.1 Fossil fuel-fired pool heaters. Establish the test
conditions specified in section 2.10 of ANSI Z21.56 (incorporated by
reference; see Sec. 430.3).
3.1.2 Electric resistance pool heaters. Establish the test
conditions specified in section 9.1.4 of ANSI/ASHRAE 146
(incorporated by reference; see Sec. 430.3).
3.1.3 Electric heat pump pool heaters. Establish the test
conditions specified in section 5 of ANSI/AHRI 1160. The air
temperature surrounding the unit shall be at the ``High Air
Temperature--Mid Humidity (63% RH)'' level specified in section 6 of
ANSI/AHRI 1160 (80.6 [deg]F [27.0 [deg]C] Dry-Bulb, 71.2 [deg]F
[21.8 [deg]C]).
3.1.4 Hybrid pool heaters. [Reserved]
3.2 Standby mode and off mode. After completing the active mode
tests described in section 3.1, reduce the thermostat setting to a
low enough temperature to put the pool heater into standby mode.
Reapply the energy sources and operate the pool heater in standby
mode for 60 minutes.
4. Measurements
4.1 Active mode
4.1.1 Fossil fuel-fired pool heaters. Measure the quantities
delineated in section 2.10 of ANSI Z21.56 (incorporated by
reference; see Sec. 430.3). The measurement of energy consumption
for oil-fired pool heaters in Btu is to be carried out in
appropriate units (e.g., gallons).
4.1.2 Electric resistance pool heaters. Measure the quantities
delineated in section 9.1.4 of ANSI/ASHRAE 146 (incorporated by
reference; see Sec. 430.3) during and at the end of the 30-minute
period when water is flowing through the pool heater.
4.1.3 Electric heat pump pool heaters. Measure the quantities
delineated in section 9.1.1 and Table 2 of ANSI/ASHRAE 146
(incorporated by reference; see Sec. 430.3). The elapsed time,
tHP, from the start of electric power metering to the end
shall be recorded, in minutes.
4.1.4 Hybrid pool heaters. [Reserved]
4.2 Standby mode. For all pool heaters, record the average
electric power consumption during the standby mode test,
PW,SB, in W, in accordance with section 5 of IEC 62301
(Second Edition) (incorporated by reference; see Sec. 430.3). For
fossil fuel-fired pool heaters, record the fossil fuel energy
consumption during the standby test, Qp, in Btu. (Milli-
volt electrical consumption need not be considered in units so
equipped.) Ambient temperature and voltage specifications in section
4.1 of this appendix shall apply to this standby mode testing. The
recorded standby power (PW,SB) shall be rounded to the
second decimal place, and for loads greater than or equal to 10W, at
least three significant figures shall be reported.
4.3 Off mode.
4.3.1 Pool heaters with a seasonal off switch. For pool heaters
with a seasonal off switch, the average electric power consumption
during the off mode, PW,OFF = 0, and the fossil fuel
energy consumed during the off mode, Qoff = 0.
4.3.2 Pool heaters without a seasonal off switch. For all pool
heaters without a seasonal off switch, record the average electric
power consumption during the standby/off mode test,
PW,OFF (= PW,SB), in W, in accordance with
section 5 of IEC 62301 (Second Edition) (incorporated by reference;
see Sec. 430.3). For fossil fuel-fired pool heaters without a
seasonal off switch, record the fossil fuel energy consumption
during the off mode test, Qoff (= Qp), in Btu.
(Milli-volt electrical consumption need not be considered in units
so equipped.) Ambient temperature and voltage specifications in
section 4.1 of this appendix shall apply to this off mode testing.
The recorded off mode power (PW,OFF) shall be rounded to
the second decimal place, and for loads greater than or equal to
10W, at least three significant figures shall be reported.
5. Calculations.
5.1 Thermal efficiency.
5.1.1 Fossil fuel-fired pool heaters. Calculate the thermal
efficiency, Et (expressed as a percent), as specified in
section 2.10 of ANSI Z21.56 (incorporated by reference; see Sec.
430.3). The expression of fuel consumption for oil-fired pool
heaters shall be in Btu.
5.1.2 Electric resistance pool heaters. Calculate the thermal
efficiency, Et (expressed as a percent), as specified in
section 11.1 of ANSI/ASHRAE 146 (incorporated by reference; see
Sec. 430.3).
5.1.3 Electric heat pump pool heaters. Calculate the COP
according to section 11.1 of ANSI/ASHRAE 146. Calculate the thermal
efficiency, Et (expressed as a percent): Et =
100 * COP.
5.1.4 Hybrid pool heaters. [Reserved]
5.2 Average annual fossil fuel energy for pool heaters. For
electric resistance and electric heat pump pool heaters, the average
annual fuel energy for pool heaters, EF =0.
For fossil fuel-fired pool heaters, the average annual fuel
energy for pool heaters, EF, is defined as:
EF = BOH QIN + (POH--BOH)QPR +
(8760--POH) Qoff,R
where:
BOH = average number of burner operating hours = 104 h
POH = average number of pool operating hours = 4464 h
QIN = rated fuel energy input as defined according to
section 2.10.1 or section 2.10.2 of ANSI Z21.56 (incorporated by
reference; see Sec. 430.3), as appropriate. (For electric
resistance and heat pump pool heaters, QIN = 0.)
QPR = average energy consumption rate of continuously
operating pilot light, if employed, = (QP/1 h)
QP = energy consumption of continuously operating pilot
light, if employed, as measured in section 4.2 of this appendix, in
Btu
8760 = number of hours in one year
Qoff,R = average off mode fossil fuel energy consumption
rate = Qoff/(1 h)
Qoff = off mode energy consumption as defined in section
4.3 of this appendix
5.3 Average annual electrical energy consumption for pool
heaters. The average annual electrical energy consumption for pool
heaters, EAE, is expressed in Btu and defined as:
(1) EAE = EAE,active +
EAE,standby,off
(2) EAE,active = BOH * PE
(3) EAE,standby,off = (POH--BOH) PW,SB(Btu/h)
+ (8760--POH) PW,OFF(Btu/h)
where:
EAE,active = electrical consumption in the active mode
EAE,standby,off = auxiliary electrical consumption in the
standby mode and off mode
PE = 2Ec, for fossil fuel-fired heaters tested according
to section 2.10.1 of ANSI Z21.56 (incorporated by reference; see
Sec. 430.3) and for electric resistance pool heaters, in Btu/h
= 3.412 PErated, for fossil fuel-fired heaters tested
according to section 2.10.2 of ANSI Z21.56, in Btu/h
= Ec,HP * (60/tHP), for heat pump pool
heaters, in Btu/h.
Ec = electrical consumption of the heater (converted to
equivalent unit of Btu), including the electrical energy to the
recirculating pump if used, during the 30-minute thermal efficiency
test, as defined in section 2.10.1 of ANSI Z21.56 for fossil fuel-
fired pool heaters and section 9.1.4 of ANSI/ASHRAE 146
(incorporated by reference; see Sec. 430.3) for electric resistance
pool heaters, in Btu per 30 min.
2 = conversion factor to convert unit from per 30 min. to per h.
PErated = nameplate rating of auxiliary electrical
equipment of heater, in Watts
Ec,HP = electrical consumption of the heat pump pool
heater (converted to equivalent unit of Btu), including the
electrical energy to the recirculating pump if used, during the
thermal efficiency test, as defined in section 9.1 of ANSI/ASHRAE
146, in Btu.
tHP = elapsed time of data recording during the thermal
efficiency test on heat pump pool heater, as defined in section 9.1
of ANSI/ASHRAE 146, in minutes.
BOH = as defined in 5.2 of this appendix
POH = as defined in 5.2 of this appendix
PW,SB (Btu/h) = electrical energy consumption rate during
standby mode expressed in Btu/h = 3.412 PW,SB, Btu/h
PW,SB = as defined in 4.2 of this appendix
PW,OFF (Btu/h) = electrical energy consumption rate
during off mode expressed in Btu/h = 3.412 PW,OFF, Btu/h
PW,OFF = as defined in 4.3 of this appendix
5.4 Integrated thermal efficiency.
5.4.1 Calculate the seasonal useful output of the pool heater as:
EOUT = BOH[(Et/100)(QIN + PE)]
where:
BOH = as defined in 5.2 of this appendix
Et = thermal efficiency as defined in 5.1 of this
appendix
QIN = as defined in 5.2 of this appendix
PE = as defined in 5.3 of this appendix
100 = conversion factor, from percent to fraction
[[Page 63429]]
5.4.2 Calculate the annual input to the pool heater as:
EIN = EF + EAE
where:
EF = as defined in 5.2 of this appendix
EAE = as defined in 5.3 of this appendix
5.4.3 Calculate the pool heater integrated thermal efficiency
(TEI) (in percent).
TEI = 100(EOUT/EIN)
where:
EOUT = as defined in 5.4.1 of this appendix
EIN = as defined in 5.4.2 of this appendix
100 = conversion factor, from fraction to percent
[FR Doc. 2013-24352 Filed 10-23-13; 8:45 am]
BILLING CODE 6450-01-P